Motion for Continuance Form
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People also ask
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What is the return date for motions in NY?
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
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What is a motion for a continuance?
A PC 1050 motion for a continuance in a criminal case is asking the judge to postpone the hearing. In other words, this statute lays out the procedures for filing a continuance. A 1050 motion to continue is a request in a criminal case to postpone a court date. The date could be for a pretrial matter or a trial.
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What is a good reason to ask for a continuance?
A continuance may be granted because unexpected evidence or testimony has emerged. This includes additional witnesses not named in the original indictment, or unanticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.
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What is a continuance on party's motion?
A continuance motion can be filed by either the defendant's criminal defense lawyer or the prosecuting agency. If the judge decides to grant the motion, the hearing or trial is delayed for a necessary period to resolve the issue that made the continuance necessary.
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What does "continued party's motion" mean?
Penal Code § 1050 PC outlines the procedures for asking the court to continue a hearing in a California criminal case. A motion to continue is a request by either the prosecution or the defense to postpone the hearing to a future date. The date can be for a pretrial hearing or the start of the trial.
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What is the definition of motion for continuance?
A motion for continuance can be your “pause button.” It's a formal request made to the judge by your attorney to postpone a scheduled court proceeding. This could be a preliminary hearing, a trial date, or any other critical stage in your case.
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Is a continuance a good thing?
If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
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What is a notice of motion in New York County?
A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor.
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